Government has asked the Lusaka High court to dismiss the case in which the MMD has sued Commerce Minister, Bob Sichinga and Government for defamation over allegations that the former ruling party printed fake money amounting to K3 trillion arguing that the party has no legal right to sue.
Major Richard Kachingwe, the MMD Secretary-General, on behalf of the party, sued Mr Sichinga and the Attorney-General, Mumba Malila for special and punitive damages among others, over allegations that the MMD during the run to September 2011 elections, printed K3 trillion in fake notes which it allegedly used to bribe the electorate to vote for it.
Maj. Kachingwe contended that the allegations by Mr Sichinga were untrue because as a political party in Government, prior to the General elections, the MMD never printed any such money.
But the State in its arguments submitted before High Court deputy registrar, Charles Kafunda yesterday, asked the court to dismiss the matter saying Maj. Kachingwe had no locus standi as it was the Government of the MMD which was alleged to have printed the said money and not the party.
The lawyers from Attorney-General’s chambers asked the court to dismiss the matter with costs to the applicants because the MMD as a party could not be defamed as such it could not sue for defamation.
“We still rely on what we said in our affidavit in opposition that the MMD Government and MMD party are two different entities. We are making an application for the court to strike out the writ and statement of claim. The gist of our application is that there is no actionable case against the defendants and it is not attainable at law,” the submissions read in part.
The lawyers said that MMD being a political party could not, at law, be defamed and could not sue for defamation because the law did not allow for Government or political party to sue for defamation.
The Government further contended that the court presiding over the matter has the jurisdiction to hear the application before it.
“The applicant as a political party cannot sue for defamation because the law for defamation does not allow for government or a political party to sue for defamation. On jurisdictions, we submit that this court has jurisdiction to hear this matter before it,” the lawyers from the Attorney-General said.
But MMD lawyer, a Ms Mundala from Robison Malipenga and Company urged the court not to entertain the preliminary application raised by the State.
Ms Mundala said that the MMD as a political party was the right entity to sue and that Maj. Kachingwe as a secretary general could sue on behalf of the party.
She said it was up to the trial court to determine whether or not the statements made by Mr Sichinga referred to the plaintiff or the MMD party.
Ms Mundala said that the MMD was the party which formed Government and could be defamed as it had identifiable political leadership.
She said a political party like MMD could sue and equally be sued.
Mr Kafunda reserved ruling to October 18 2012.
So this is an admission by Bob that infact he lied and alarmed the Nation with that careless and thoughtless statement.
all lawyers will nt enter heaven period.
PF, you will soon be apologizing and paying for your unfounded allegations, I dont think MMD will let this case end here. MMD guys are more intelligent and educated than PF people, they know the law inside-out …. soon you will be paying them for your talkative cadre behaviors.
Next case: The armored Lexus cars Sata said were stollen and yet they were not…. I love watching this movie called Zambia under CNP
CNP prove yo allegations
The law on defamation is very clear, you cannot defame a group of people
lets see how chidumbo and his hyenas will haras bob like they did to hh
The MMD Government and MMD political party are two different things.Let the MMD government be in court and defend it self for defamation and not the party.This is very clear…..people.!!!!!
Its the party that forms government. The allegations are talking about MMD government. So MMD as a group can complain before the courts.
These illiterates have had only one focus the last 11 months:i.e how to make the former govt look bad.They’ve taken the zambian focus off the economy.Its been about burried billions,reversing Zamtel,the railway,Banda’s immunity and HH everyday they wake up.Forget having more kwachas in your pocket coz you’ll be poorer in 2016.
Just accept ba Bob naimwe you lied so that the people of Zambia could turn against the MMD. Just pay them, you are to be in for more lies. Nga ni ba Sir Tar bena tuka fwambulula imminity before he leaves office.
PF’s deficiencies on national moral leadership, national agenda and truth is a clear and present dangers that has cursed mother Zambia. In all their rants, barking and hype they lack basic sense of rational actions.
LAYWERS!!!!….lol…..mulibe spell check
Well done MMD for taking this motormouth to court,too much kusabaila!
The lawyers from The Attorney General Office are right.When it comes to Education.Bob is more Educated than Mj Kachingwe.Infact Mj is a very junior postion in the army
Bob sichinga is a simple book keeper or accountant.
Mumba malila is more knowledgeable in law than Mundala.Am a four year law student and I know what am talking abt.Google abt defamation and you will enlighted yoself.Law is sweet!
The lawsuit by MMD is legally thoughtless and fraught with legal deficiencies, it will not stand. How does MMD as a party embark on such legal disaster?
By their lawsuit, is MMD implying that if the current govt commits a crime, PF as a party can be dragged to court to answer to those charges? This is laughable!!
MMD please leave the courts to deal with more serious legal matters than this jibber-jabber.
BOB SICHINGA IS A LIAR. LIARS WILL NOT ENTER THE KINGDOM OF HEAVEN UNLESS THEY REPEANT. PERIOD.
It is Kwame Nkrumah who said a lawyer’s eyes refuse to close when he dies because he will have told so many lies in his life. So that when his body lies in the casket for body viewing his eyes are wide open!! Basopo imwe ma lawyers!
and the bull crap goes on
@coco .all lawyers will nt enter heaven kkkkkkkkkkkk!!!!!!!!!
MMD u r wasting time to take PF to court.Time is moving start rebulding MMD coz 2016 is ard
MMD u r wasting time to take PF to court.Time is moving start rebulding MMD coz 2016 is ard de corner
What a waste of time. Bob is a lapper. Too much talking but no work.
@law student.wanama.defamation includes:an individual,business,product,govt,group or nation.in this case the mmd falls under a grouping.next case…….
If Bob is in court over the K3 trillion matter which is somewhat harmless, save for China’s alleged involvement in printing the money, what about the one who wanted to pit Zambia against other countries on allegations of training dangerous millitias?
the MMD should start preparing for 2016 instead of westing time with nosene.
As far as I know there is no MMD govt so who was supposed to take Bob sichinga to court?the PF govt needs to stop lying to Zambians we are tired of the drama.Stop persecuting those associated with RB who only ruled for 3 yrs.Focus on the electiricity problems in the country,the road infrastructure,the health care..etc the deceived youth who voted PF obviously were looking for a better Zambia not this continued bickering ,lying persecution.
This man was at some point called Dr. Bob Sichinga!!!!!
Like a maze of secret tunnels thoughtlessly revealed. An inflation impacting conundrum. Someone’s going to have to save face by taking one for the team…Hypothetically speaking of course :)
Ha ha ha.I just love how the law works.Babanyunya ama guys.
mwansekesha sana boss, ati babanyunya hahaha
The statement read as follows:’ MMD printed K3Trn prior to elections and the money is circulating in the rural areas’. Now tell me you useless lawyers who argue for a living, in Zambia, is MMD registered as a party or as a government? How can MMD sue as a government when they dont exist as such. Iwe law student you will never win a case if you adopt cadreism. bantu ba zambie kurandaranda pa kinwa.
Come guys, come on! I will judge you at the end of the road. “But the State in its arguments submitted before High Court deputy registrar, Charles Kafunda yesterday, asked the court to dismiss the matter saying Maj. Kachingwe had no locus standi as it was the Government of the MMD which was alleged to have printed the said money and not the party”
Law is crazy…one lesson learnt…defame the marriage not a wife or husband else your writ will be written off. Law is crazy don’t just sue anybody. Think Maj. Kachingwe, this is not military jargon, its pure law. We rule by law!
:-? MMD was thorn in the flesh
Yes, it is true. MMD cant sue for defamation period. However the facts are there that the MMD government of RB printed money which they used during last year’s election.
@Romantic Monk, I think that you are wrong. You might be mistaking Bob for Austin. There is Dr Austin Sichinga. He has worked several times as PS in various ministries and when he is dissapointed from PSship he goes back to teach at UNZA, school of Agricultural Sciences. Bob Sichinga was an MP for Kafue and one time one of the Vice Presidents to the late Andy Mazoka in UPND. These were wounded out of UPND when one HH came up on the scene.
another spinless ..heal;dess cassanova..!
Bloggers help me- Does the PF Cabinet ever have meetings? Is there an Agenda at these meetings and what is the role of the Attorney General in those meetings? I mean there are too many things happening at one time. 1 Minister saying this and another saying that. I have noticed that there is absolutely no coordination. If I were to advise them, I would say please keep quiet. Before you issue any type of statement think through it-take your time. Better late than hurriedly. Look a fool and ask someone who is wise on how people may perceive your statement or the like. Keep away from pompous Ministers; even secretaries that have been in the Government for a long time can help you. At those Cabinet meetings agree on the course of action-Come up as one unit; coordination and coherence is GOOD.
Utimately, this is not a legal issue. It is fundamentally a moral and ethical matter. The question is whether Zambians should expect the truth and morally upright statements from their Ministers in Government. Every country deserves leaders whom they can rely on for unsailable facts when they speak. The argument from the Attorney-General should therefore be to prove that MMD printed 3 trillion Kwacha which was illegally fitered into the economy as stated by Sichinga. This is the only way to defend the integrity of Mr. Sichinga, integrity which he needs to remain in government. I do understand that in Zambia integrity does not matter at all and a Minister can go about telling lies and the public will see nothing wrong with that.
A statement of such degree of sensitivity must never be pronounced by someone in Bob’s position.
Bob Sichinga is a shame to this country and it is evident that he is not half the minister Felix Mutati was.
Another example of mediocre leadership.
He is asebele to the President that is why he was appointed, Family forest as usual these are the untoucheables like GBM
The People vs Bob Sichinga demanding truth be established to statement that ‘MMD printed 3 Trillion Kwacha.’
Lawyers are very economical with truth and up rightness! As a layman the question I want answered is ‘Is there any truth in what Bob Sichinga said?’ Serious leadership demands that unsubstantiated statements should hound one from position of leadership among the morally upright.
This is the silly excuse they gave for denying UPND the right to hold a rally in Kanyama, that the court order was served to the wrong person, and later that it was served to Malila’s son at home outside working hours. In Sichinga’s case, he clearly stated “The MMD Govt” in his malicious and unfounded allegation and to not try to claim their is a difference between the party then and the govt is damn stupid. I mean, it was the party he accused of ordering the printing of money for campaigns in order to retain power. So soon, you will also hear thos lot saying the opposition Sata who promised to restore BA64 is different from the governing Sata in power today so Barotse should wait for him to get back in opposition before pursuing him, how illogical.
I also note in both the UPND case and the Sichinga one that the PF government is not denying (1.) The UPND’s right to hold a rally as enshrined in the constitution of the land, and (2.) Bob Sichinga’s stinking and most embarrassing unsubstantiated lies.
T
hey seem only keen to slim themselves out of trouble through a technicality. These are clueless chaps who do not know what to do with instruments of power.
Bob Sichinga is an i.d.i.o.t
Law is great.
Several established democracies do not allow public bodies (such as ministries, government agencies or municipalities) to sue for defamation under any circumstances, both because of the importance of open debate about the functioning of such bodies and because they are not seen as having a ‘reputation’ entitled to protection.
A ban on defamation suits may apply to all public bodies, whether they are part of the
legislative, executive or judicial branches of government, and whether they are at the
national, regional or local level. Some countries have even extended the ban to State owned
corporations and POLITICAL PARTIES and this is what the Court will need to find out…Let’s wait for the ruling.
Its optimistic that everyone knows bob sichinga is a comedian and a let-down to this country.its very easy for him to uncloud the information but when it comes to clarification,hes ever an *****.what kind of a zambian minister is this?too much talking doesn’t do anything and people will never appreciate your talkativeness ma dear.learn to grow in mind and something or else you shall disappear like 2pac mwaice.